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Wilenchick & Bartness deliver $18 million-dollar judgment in Borowsky v. Brooks

Photo of Superior Court in Maricopa County where Borowsky was awarded millions of dollars
A view of Maricopa County Superior Court, which is found in the heart of downtown Phoenix. (File Photos/
Maricopa County Superior Court awards $18M in damages to Todd Borowsky
By Terrance Thornton | Digital Free Press

Phoenix litigator Dennis Wilenchick of Wilenchick & Bartness secured a verdict awarding his client Todd Borowsky damages of over $18 million in Maricopa County Superior Court Monday, Nov. 14, court documents show.

On the heels of a 13-day trial, Maricopa County Superior Court Judge Dewain Fox awarded damages of $18,791,000 in the case against pawn broker and hard money lender Mark Brooks, his business partner Robert Johnson, and his ex-girlfriend, Mackenzie Pate.

“This is a great victory and a lesson for anyone who tries to take advantage of their position as a lender, that your actions have grave consequence,” Mr. Wilenchick told the Scottsdale Daily Beat Wednesday, Nov. 30.

In all, court document show, the jury awarded:

  • A total of $6,216,000 in compensatory damages and $5 million in punitive damages against Mr. Brooks;
  • A total of $4,875,000 in compensatory damages and $2.5 million in punitive damages against Mr. Johnson; and
  • A total of $200,000 in compensatory damages against Ms. Pate.

Mr. Borowsky was represented at trial by lead attorney Mr. Wilenchik, McKay Worthington, DavisBauer, Sara Tulane, and paralegal Victoria Stevens, all of Wilenchik & Bartness, P.C.

Details of the lawsuit — Borowsky v. Brooks, Case No. CV 2018-0015307 — arose out of the defendants’ theft of Mr. Borowsky’s vehicles, which they attempted to pass off to the Phoenix Police Department as a legal repossession, for three cars Mr. Borowsky had pledged as collateral to Mr. Brooks.

Superior Court awards $18M in damages to Todd Borowsky:

Mr. Borowsky, court records show, was wrongfully imprisoned based on the defendants’ false statements to police and prosecutors.

Mr. Borowsky was attacked and permanently injured while falsely imprisoned. After police, prosecutors, and the judge in the criminal proceedings learned that defendants had lied, all criminal charges against Mr. Borowsky were dismissed, court records show.

At Maricopa County Superior Court, Mr. Borowsky prevailed on each of his causes of action including wrongful repossession, breach of peace, forged repossession affidavits, commercially unreasonable sale, conversion, civil conspiracy, aiding and abetting tortuous conduct, breach of contract, breach of duty of good faith and fair dealing, trespass, assault, intentional infliction of emotional distress, and malicious prosecution.

The jury also found Mr. Brooks liable for Civil Racketeer Influenced and Corrupt Organizations Act violations.

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